All are requested to go through the below letter and suggest corrections before issue
The Secretary (Post)
Department of Post
Dak Bhawan, Sansad Marg
No. CHQ/POA/1-6/2020-21 Dated 15.06.2020
Sub: - Request for issue of speaking orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of directions of Hon’ble CAT Chandigarh bench orders dated 17-03-2020 in OA 06/0254/2020 and 060.255/2020 the basis on the decision of review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. .
This Association for the last many years requesting your kind honour for the issue of common orders for grant of NFSG in GP of 5400/- on completion of 4 years in GP 4800/- to PS Group ‘B’ officers. Our many officers have been deprived of this benefit resulting in court cases after court cases. So much so what to talk of extending NFSG to PS Group ‘B’ officer, the pay fixture benefit of higher responsibility on promotion as required under rule FR 22 1(A)1 coupled with Rule 13 of the revised pay rules 2016 to PS Group B officers after even rendering 34 years of service is being denied to those promoted after 1-1-2012.
Merely placement of Group ‘B’ officers in GP of Rs.5400/- on promotion who were working in the GP of 4800/- as a result of Grant of 3rd MACP without actual pay fixture is against the fundamental rules in view of Rule 13 of CCS (Revised Pay Rules) 2016. No doubt the PS Group ‘B’ officer has been given GP of Rs. 5400/-(Level 9) as a replacement to Rs. 4800/-(Level 8) w.e.f 1.1.2016 by 7th pay commission. But it is nowhere mentioned that benefit of NFGP after four years of service in Group B or on completion of four years in GP of 4800/ has been withdrawn. Wrong Interpretation of rules by accounts wing officials of directorate with the detrimental approach is harming the interest of PS Group ‘B’ officers which should be taken seriously at the administration level. The accounts line official should be aware that Hon’ble Supreme Court of India has given verdict in our favour leaving no chance for accounts line officials to interpret otherwise and find means to halt our benefits. Association demand that our members should extend the benefit of interest for delayed payments owing to late decision wilfully.
Furthermore, as is apparent from the recommendation of 7th CPC, Postal Superintendents (PS Group B officers) of DOP have been given upgraded GP of Rs. 5400/- w.e.f 1.1.2016 without withdrawing the benefit of NFGP after four years of service in Group B. Apparently, the benefit of pay fixation as required under Rule 13 of CCS (Revised Pay Rules) 2016 covered under FR 22 1(a)1 is required to be bestowed on completion of four years of service either at level 10 or pay fixture in level 9 who were given 3rd financial up-gradation in GP of 4800/-. Unfortunately when level 10 has been denied by directorate than under which rule pay fixture in GP of 5400/- now level 9 is being denied is a big question mark. This all is leading to court cases after court cases for which department is paying a hefty amount to Govt. standing counsels for defending the cases. Association wants to know why accounts line officials are not objecting to such unnecessary and unwanted payments SGSC. It should also be said to be wastage of Govt. expenditure besides one day will lead to contempt of court.
It is also reported that recently Hon’ble CAT beach Chandigarh while deciding OA no. 060/0254/2020 and OA 060/0255/2020 has issued directions vide orders dated 17-3-2020 ( copy enclosed) to Union of India for passing speaking orders within three months from the date of receipt of a certified copy of the orders on the legal notice issued thereon. Unfortunately, no action has been taken at the directorate level to pass speaking orders on this also. It is pertinent to mention here that orders issued to the department by Hon’ble High court of Andhra Pradesh has not been implemented so far. Rather our case has been linked to the representation of IPASP cadre that has no relevance to the present case. Our issue pertains to the grant of NFSG as recommended by the 6th pay commission after rendering 34 years of services not involving any financial implications. Whereas the demand for IPASP is for grant of NFSG in level 9 (5400/-) on completion of four years in level 8 (4800/-) which can only be applicable for ASPs placed in upgraded scale as on 1-1-2016 or promoted thereafter.
Apparently, files routing through the Finance wing of directorate who otherwise have the tendency of raising objection to settle their ego without logic is a great injustice to officers who are part of the administration. If the department cannot implement the court orders in time what we can expect for settlement of our long-pending demands. Copies of the letters vide which case was taken is attached for reference.
It is, therefore, requested that pending final decision to the demand of IPASP as linked with POA (India) demand, common orders for Grant of 5400/- with pay fixture on completion of four years of service in GP of 4800/- granted under 3rd MACP benefit as also covered under various court judgments may kindly be issued with all consequential benefits without further delay. This will meet the end of justice who have been deprived of their legitimate rights and will also settle all representation and court cases. This will save the superfluous expenditure of department also
With warm regards
(R N YADAV)
Postal Officer Association